Applicability

The legal relationship between CS Workx BV, with its registered office at Kerkkouter 24, 9550 Herzele, Belgium, registered in the Crossroads Bank for Enterprises under number 0455.903.265 ("CS Workx") and any person wishing to make a purchase via the Website ("the Buyer") is governed exclusively by these General Terms and Conditions of Sale. Any other terms or modifications to these Terms and Conditions shall only apply when approved in writing by CS Workx.

If you have any questions or complaints regarding CS Workx provided website the products offered on the Website or these Terms and Conditions of Sale, please contact CS Workx Customer Service:

• by means of the Contact form provided on the Website;
• by sending a letter to the following address: CS Workx BV, Customer Service, Kerkkouter 24, 9550 Herzele, Belgium;
• by telephone to the following number: +32 9 396 80 48. From Monday to Thursday, from 09h00 to 17h00 and on Friday, from 09h00 to 15h00.

To place an order, you must be at least 18 years old.

By placing an order on the Website, the Buyer expressly confirms having read, approved and accepted these General Terms and Conditions of Sale. To this end, the Buyer ticks the provided Box stating "I agree with the general terms & conditions & privacy policy".

CS Workx reserves the right to amend these General Terms and Conditions of Sale as appropriate. Each time the Buyer wishes to order products via the website, the Buyer should review these terms and conditions to ensure that he/she understands the Terms and Conditions applicable at the time the Buyer enters into the agreement with CS Workx.

Object and conclusion of the agreement

CS Workx offers via its Website the opportunity to purchase the Products and Services offered there.

The purpose of these General Terms and Conditions is to define the modalities regarding the sale via the Website between CS Workx and the Buyer. Among other things, with regard to the order, payment, delivery and revocation.

Unless otherwise stated in writing, the offers on the Website are for information purposes only. These offers are therefore always without obligation. Furthermore, the offers always apply as long as stocks last.

Within the framework of the online shop, the Buyer has the possibility to select individual products from the CS Workx online offer in the desired quantity and to put them in an electronic shopping basket by clicking on the "Add to basket" button.

The Customer must register for each purchase. After successful registration, the Customer will be asked to enter contact and payment details.

Finally, the customer will make his payment by one of several payment methods. Upon acceptance of the payment, the buyer will obtain a summary of his order as well as a summary sent to his e-mail address.

Each transferred order is binding on the Buyer in its entirety, but CS Workx is only bound from the sending of an order confirmation by e-mail. We recommend printing and saving this e-mail.

CS Workx reserves the right to refuse any order. An order is deemed to have been processed and approved by CS Workx from the moment the Buyer has received confirmation from CS Workx via email. Once the e-mail is sent, an agreement ("Agreement") between CS Workx and the Buyer is established.

Any or alleged inaccuracies in this order confirmation must be notified in writing by the Buyer within 8 days from the date of dispatch of this order confirmation, under penalty of cancellation.

If CS Workx is unable to provide the Buyer with a product or service, for example because it is no longer available or because an error has occurred in the display of the price, CS Workx will inform the Buyer as soon as possible by e-mail and CS Workx will not process the Buyer's order. However, CS Workx reserves the right, if an ordered Product is no longer in stock, to offer the Buyer an alternative that is equivalent in quality and price.

In case the Buyer has already paid for the Products, CS Workx will refund the Buyer this amount as soon as possible using the same payment method the BUYER used when placing the order.

Product info Website

Images of products on the Website are for illustrative purposes only.

Although CS Workx has made every effort to be as accurate as possible, the characteristics of products or services displayed on CS Workx's Website may have a reasonable deviation.

Right of withdrawal

The Buyer has the right to withdraw from the agreement within a period of 14 days without giving reasons. The withdrawal period expires 14 days after the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, the Buyer must inform the CS Workx Customer Service Department of his/her decision to withdraw from the contract by an unambiguous statement (e.g. in writing by post or e-mail). This can also be done by using the model form provided in Appendix 2 of Book VI of the Economic Law Code.

To comply with the withdrawal period, it is sufficient for the Buyer to send his/her communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

The Buyer must notify CS Workx Customer Service via e-mail that he/she wishes to return the products, specifying the relevant order number, products and quantity. A refund will be issued after the products have been received and checked at CS Workx premises. The Buyer shall bear all direct costs incurred as a result of such return.

If the Buyer revokes the agreement, he/she shall receive back from CS Workx all payments made by him/her up to that point, including delivery costs (excluding any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event no later than 14 days after CS Workx has been notified of the Buyer's decision to revoke the agreement. CS Workx will refund the Buyer using the same means of payment with which the Buyer made the original transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not be charged for such refund.

The Buyer shall only be liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

In addition to the cases listed in Article VI. 53 of the Economic Code, finally, he/she may not invoke his/her right of withdrawal if:

• the delivered products or services were customised to the Buyer's instructions and wishes;
• the products or services provided are of a personal nature;
• the products or services provided are made available for a limited time;
• the delivered products were incomplete, damaged, soiled or significantly used by the Buyer.

In the event of excessive recalls by the Buyer, CS Workx reserves the right to refuse future orders.

Price and payment

The price of products and services is indicated in euros (EUR) and is always stated inclusive and exclusive of VAT. Shipping costs are not included unless otherwise stated. The prices are those in force on the day of the offer on the Website.

CS Workx makes every effort to ensure that payments via the Website are made as efficiently and securely as possible. For this purpose, CS Workx relies on the safe and reliable payment environment.

The Buyer pays the price when placing his/her order. The Buyer makes his/her payment obligation by debit or credit card as desired.

CS Workx does not charge management and/or collection fees for the payment of orders, unless explicitly stated.

Payment of the full price must be made when the order is placed. Shipping of products or provision of services by CS Workx will follow only after CS Workx has received full payment.

In the event of non-payment or late payment or other types of payment problems, the whole of the amounts due to CS Workx shall become due and payable by operation of law. This amount shall also be increased by right with annual interest in the amount of 7% of the original amount due.

CS Workx takes all reasonable steps to ensure that the prices of products and services are correctly displayed when they are entered into the system. However, the Website contains a large number of products and services and it is possible that, despite CS Workx's reasonable efforts, some of the products on the Website may be incorrectly priced. If CS Workx discovers an error in the price of the products ordered by the Buyer, CS Workx will notify the Buyer of this error and offer the Buyer the opportunity to continue the purchase at the correct price or allow the Buyer to cancel the order. CS Workx will not process the Buyer's order until CS Workx has received instructions from the Buyer. If CS Workx is unable to contact the Buyer using the contact details communicated by the Buyer during the ordering process, CS Workx will consider the order cancelled and CS Workx will notify the Buyer in writing. It should be taken into account that if the error regarding the price is clear and unmistakable and could reasonably have been recognised by the Buyer as an error regarding the price, CS Workx does not have to deliver the products to the Buyer at the incorrect (lower) price.

Subsidies

When the client makes use of grant measures and receives or uses the grant funds for the (partial) payment of an order, the client assumes exclusive responsibility regarding the accuracy of the information provided to the grantor.

In the event that irregularities arise on the part of the client and CS Workx consequently does not receive its invoice balance (in full) or is required to repay the subsidy to the grantor, CS Workx has the right to immediately reclaim the subsidised amount in its entirety from the client, plus 25% damages.

Delivery

During the ordering process, the Buyer can choose to collect the ordered product(s) free of charge from a CS Workx branch of his choice or have the ordered product(s) delivered to the address stated during the order. Unless otherwise agreed in writing, a fee of 3.90 Euro will be charged for each delivery in Belgium and Luxembourg. However, from a total amount of 25 Euro, delivery is free of charge. The cost of delivery of the Products ordered in the Netherlands will be communicated at the time of the order.  

Ordered Products will be delivered as soon as possible and in any event within a period of thirty (30) days from the date of receipt of the e-mail confirmation in accordance with Article 2.4. CS Workx is only obliged to deliver if full payment for the order has been received. If it is not possible for CS Workx to deliver the products in the specified period or quantities, CS Workx must notify the Buyer in writing. Failing this, the Buyer may terminate the agreement.

Delay in the delivery of the Products may under no circumstances by operation of law entail the annulment of an order and/or the dissolution of the Agreement, or the payment of damages of any kind.

The Buyer is obliged to accept the Products delivered by CS Workx at the agreed time and place and must sign the delivery note for receipt. CS Workx shall not deliver Products beyond the ground floor of the Buyer's premises.

If no one is available at the Buyer's address to take delivery, an absence notice will be left, after which the Buyer will have to collect the ordered Products from the post office listed or contact BPOST to make a new delivery appointment.

Visible defects to the outer packaging or other possible problems regarding the delivery must be communicated on the waybill or reported in writing by registered letter to CS Workx within a period of thirty (30) calendar days, including a detailed description of the defect as well as the wish for a refund or exchange. The Product in question must also be returned to CS Workx within this thirty (30) calendar day period.

Notwithstanding the foregoing, the Buyer's use of the delivered Products implies irrevocable acceptance.

Risk of loss and damage to the Products as well as ownership of the Products shall pass to the Buyer upon delivery.

Intellectual Property

The Buyer acknowledges that CS Workx or one of its affiliates remains the exclusive owner of all intellectual property rights relating to all parts of its Website, the production and ordering process, the textual, audiovisual and graphic segments, the E-books, the reports and syllabi, the software and electronic tools and the technical specifications of the products.

In addition, CS Workx remains the exclusive owner of the name, trademark and logo under which the products are sold. The Buyer undertakes not to make any claim regarding the aforementioned intellectual rights.

The participant accepts that all audiovisual recordings, which occur during the training, are the exclusive property of CS Workx, and that CS Workx may edit and publish this material at its sole discretion. In doing so, the participant waives all intellectual rights, including portrait rights.

Guarantees and liability

CS Workx liability and warranty are limited to the extent permitted by Belgian law.

CS Workx is responsible for hidden defects and defects in workmanship relating to the purchased goods that occur within a period of two (2) years from the date of delivery. If a defect occurs during this period, CS Workx shall replace or repair the product, at the Buyer's option. To invoke this warranty, the Buyer must report the defects to CS Workx by registered letter within a period of sixty (60) days after they were discovered or should have been discovered by the Buyer and must return the defective product to CS Workx Customer Service via the online contact form within that sixty-day period. This warranty only applies to products acquired by a consumer based in Belgium. This warranty does not affect the Buyer's right to invoke the legal warranty provided for in Article 1649ter of the Civil Code.

CS Workx will not be liable to the Buyer if:

• The latter has not used the products in accordance with the purpose for which they are intended;
• the Product in question was modified, altered or repaired;
• the Product in question was damaged by intent or negligence of the Buyer;
• the Product shows defects resulting from normal wear and tear.

CS Workx its contractual and extra-contractual liability shall not exceed the respective limits of liability covered by the insurance underwritten by CS Workx. CS Workx its insurance provides cover up to a maximum of €1,000,000.00 per occurrence and as an annual total.

CS Workx shall not be liable for or obligated to compensate any intangible, indirect or consequential damages, including (but not limited to) lost profits, lost revenues, limitations on production, administrative or personnel costs, loss of customers or third party claims.

The limitations on liability in the 2 paragraphs above do not apply in the event of fraud, intentional or gross misconduct committed by CS Workx or bodily injury or death caused by CS Workx negligence.

CS Workx shall not be liable for technical problems that impact the communication of information via its Website. CS Workx shall not be liable to the Buyer for any modification, interruption, defect or termination of its Website. Nor is CS Workx liable for any websites referenced on its Website.

For general use of the Website, please refer to the General Terms of Use of the Website relating thereto.

Personal data

CS Workx stores the Buyer's personal data in accordance with the Privacy Protection Act of 8 December 1992 ("Act of 8 December 1992 on the Protection of Privacy") and CS Workx Privacy Policy.

The Buyer may address any questions relating to the processing of its personal data to: customer service at the following email address: info@thehouseofcoaching.com 

Force majeure

Neither CS Workx nor the Buyer shall be liable for any delay or failure to perform the agreement if it is due to force majeure. Force majeure means , without this enumeration being restrictive: government order, mobilisation, war, epidemic, lockout, strike, demonstration, technical defects in the transmission of communications, fire, flood, explosion, lack of raw materials or labour, changed global economic conditions, vandalism, exceptional weather conditions and all circumstances beyond CS Workx's control that disrupt the normal course of business, without CS Workx being required to demonstrate the unexpected nature of these circumstances.

The party claiming force majeure shall notify the other party and take all reasonable measures to overcome the temporary force majeure situation.

If the force majeure situation lasts for a period of more than ninety (90) days, each party shall have the right to terminate the Agreement without any compensation being payable to the other party.

Transfer

CS Workx may assign the agreement or any part thereof to any person, firm or company.

The Buyer is not entitled to assign the Agreement or any part thereof, without the prior written consent of CS Workx.

Other

Failure or delay by CS Workx in enforcing or partially enforcing any provision of the agreement shall not be construed as a waiver of any of its rights under the agreement, now or in the future.

If at any time any provision of these terms and conditions of sale should be or become illegal, invalid or unenforceable in any way under applicable law, neither the legality, validity or enforceability of the remaining provisions of these terms and conditions of sale and of the agreement shall be affected or impaired in any way. CS Workx and the Buyer shall use all reasonable efforts and take all necessary measures to replace any unlawful, invalid or unenforceable provision of these general terms and conditions of sale with a lawful, valid and enforceable provision, with substantially the same economic scope for the parties and, to the extent permitted by law, containing the original intent.

The original of this General Terms and Conditions of Sale version is drawn up in Dutch. In case of dispute, these General Terms and Conditions of Sale should be interpreted and construed according to the text and spirit of the Dutch version.

Any notification, complaint, enquiry, etc. relating to or based on these Terms and Conditions must be made in writing to the above address. The respective sender is responsible for proof of receipt of any notice.

These Terms and Conditions apply for as long as CS Workx sells Products online through its Websites.

Applicable law - Competent court

These Terms and Conditions are subject to Belgian law.

Both parties undertake, in the event of possible discussions or disagreements regarding the application or interpretation of these General Terms and Conditions of Sale, to first seek an amicable solution before initiating legal proceedings.

The competent court for taking cognisance of disputes concerning these General Terms of Sale shall be determined on the basis of the Buyer's legal domicile.

In the event of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the Federal Government is authorised to receive any application for out-of-court settlement of consumer disputes. The latter, in turn, will either process the application itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: http://www.consumentenombudsdienst.be//nl  ;

For disputes of a cross-border nature, you can also use the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr